Where two or more sentencing judges each find special circumstances but the accumulation of their sentences produces an overall non-parole period exceeding the statutory proportion of 75%, the Court of Criminal Appeal will intervene to adjust non-parole periods to give effect to the special circumstances findings, even where the individual head sentences are appropriate. A sentencing court must take into account pre-sentence custody referable to the offences under s 24(1)(a) of the Crimes (Sentencing Procedure) Act 1999, and failure to give reasons for not doing so will constitute error.
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